In June 1996, David M. and Margaret Loving created a
±2.0-acre lot as a family division for their son and
daughter-in-law, David W. and Rebecca J. Loving. The
conveyance included the affidavit requiring that the grantee
not transfer the property to a non-immediate family member
for ten (10) years. This lot and the residue parcel are
located off Free State Road (Route 721) on Timber Heights in
the Marshall Magisterial District (PIN #6957-17-2254-000).
The attached vicinity map shows the parcel’s location.
Mr. and Mrs. Loving are now requesting that the Board of
Supervisors reduce the 10-year time requirement of Section
2-39.3.A.3 of the Subdivision Ordinance, before voluntarily
transferring the property. Section 2-39.14 of the
Subdivision Ordinance states that, if the Board of
Supervisors finds that an extraordinary hardship is caused
by the ten (10) year restriction, it may reduce the time
period to alleviate the hardship. If approved, David W. and
Rebecca J. Loving would have held the property for
approximately nine (9) years and one (1) month.
Mr. and Mrs. Loving have recently purchased five acres on
Freestate Road in Marshall where they would like to build a
new home. They are requesting permission to sell their home
in the fall of this year so as not to create a hardship on
their family finances by carrying two mortgages. Attachment
1 is a letter from Mr. and Mrs. Loving requesting the
The Board of Supervisors has approved approximately nine
waivers of this type. In the past, extraordinary hardships
caused by the ten (10) year restriction have ranged from job
transfers out of state, military duty, and severe financial
hardship due to death, illness or divorce.